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COM. v. DAVIS

477 Pa. 197 (1978)

383 A.2d 891

COMMONWEALTH of Pennsylvania v. Julius A. DAVIS, Appellee (two cases).

Supreme Court of Pennsylvania.

Decided March 23, 1978.

Attorney(s) appearing for the Case

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Gaele Barthold, Philadelphia, for appellant.

Michael A. Seidman, Philadelphia, for appellee.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION

MANDERINO, Justice.

Appellee, Julius A. Davis, was found guilty in a nonjury trial of murder in the third degree, criminal conspiracy, possession of an instrument of crime generally, and possession of a prohibited offensive weapon. Post-verdict motions for a new trial and in arrest of judgment were filed. The trial court did not consider the motion for a new trial but granted appellee's motion in arrest of judgment concluding that the evidence was...

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